Los Angeles daily herald., 1887-04-01
PROCLAMATION! +!
SrA7E OF CALIFORNIA,
EXECUTIVE DEPARTMENT,
SACRAMENTO. March Is, 1857.

SACRAMENIO, MdtCu loof.t
WHEREAS, the Legislature of the State Of
California, at its twepty-seventh session. be
ginning on the third day of january, A. D
eighteen hundred and efghty-seven, two
thirds of all the members elected to each o.
the two Houses of laid Legislature voting ir
favor thereof, proposed the following de
scribed amendments to the Constitution Of
the State of California, to witt
AMENDMENT NUMBER ONE.
To propose to the people of the State an
amendment to the Constitution of the
State, relative to the Judiciary Depart
ment.
Resolved, That the Legislature of the State
OF California, az its regular session, com
mencing on the third day OF January, A. ID.
eighteen hundred and eighty. seven, two
the Houses of said Legislature voting in ia
yor thereof, hereby propose that sections
two and three of article vi. OF the COnstitu
ton of said Sta.e be amended to read as
follows:
Section 2. The Supreme Court shall con.
sist of seven Justices. The Associate Jus.
tices of the Supreme Court, in Office at the
time of the adoption of this amendment to
the Constitution are hereby continued in
office as Justices Of the Supreme Court for
were respectively elected. The Justices
shall elect one of their number to be Chief
Justice, and he shall hold the office OF Chief
Justice of said court for term of two
Chief Justice first elected, and every two
years thereafter the Justices shall elect
Chief Justsce for like term of two years.
An entry of the election OF such Chief Jus
tice shall be made in the minutes of the
court and signed by four Justices. When
ever thereafter vacancy occurs in the Of
fee of Chief Justice. like election shall
be had to fill such Office for the unexpired
term. The Supreme Court may sit in de-
partments or In bank, and shall always be
open for the transaction of business. There
snail be two departments, denOminated, re
spectively, Department One and department
Two. The Chief Justice shall assign three
of the Justices to each department, and
ffom time to time. The Justices shall be
competent to sit in either department., and
NAV interchange with each other by agree.
ment among themselves or as ordered by
the Chief Justice. Each of the departments
shall have the power to hear and determine
causes and ali questions arising therein,
subject to the provisions hereinafter con-
tanned in relation to the Court in bank. The
presence OF three Justices shall be necessary
to transact any business in either of the de-
partments, except such as may be done at
chambers, and the concurrence OF two Jus
tices shall he necessary to pronounce a
Judgment. The Chief Justice shall apportion
the business to the departments and my,
in his discretion. order any cause pending
before the Court to be heard ana decided by
the Court in bank. The order may be made
before or after Judgment pronounced by
department.; but where a cause has been al
lotted to one Of the departments, and a judg-
ment pronounced thereon, the order must
be made within thirty days after such judg-
ment and concurred in by twoJ Justices, and If
so made it shall have the effect to vacato and
set aside the Judgment. Any four Justices
may, either before or after judgment by
bank. If the order be not made within the
time above limited, the judgment shall be
final. No judgment by q department shall
become final until the expiration of the
period of thirty DAYS aforesaid, unless ap-
proved by the Chief Justice. 10 writing,
with the concurrence of two Justices. The
Chief Justice may convene the Court in
bank at any time and shall be the presiding
Justice of the Court when so convened. The
concurrence of tour Justices present at the
argument shall be necessary to pronounce
Judgment in bank; but If four Justices, so
present, do not concur In judgment, then
all the Justices qualified to sit in the cause
shall hear the argument; but to render a
Judgment concurrence of four Judges
shall be necessary. In the determination
of causes all decisions of the Court in
bank, or in departments, shall be given
in writing and the grounds of the decision
snail De bldteu. ne CuleI JubLCe may RlI
in either department., and shall preside
when so sitting, but the Justices assigned
to each department shall select one of their
number as presiding Justice. In case Of
the absence of the Chief Justice from the
place at which the court is held, or his ina
bility to act the Associate Justices shall Sc
lect one of the own number to perform
the duties and exercise the powers of the
Chief Justice during such absence or ina
bility to act, The, supreme Court Commis-
sion, created by the act of the Legislature,
approved March twelfth, eighteen hundred
and eighty-five, shall continu, and be Su-
preme Court Commission for four years af.
ter the adoption of this amendment. Said
time thereafter as may be fixed by an act
passed by vote of two-thirds of the elected
members of each Houhe OF the Legislature,
and approved by the Governor. The mem
bers thereof and Secretary shall be aP-
Commissioners shall be subject to removal
In like manner as the Judges Of the Su-
preme Court. Said commission shall have
the same power to hear and determine
causes possessed by department of the
Supreme Court, and causes may be assigned
to the commission In the same manner they
are assigned to a department, and after de-
cision they may be ordered heard In bank
in the same way, and with like restrictions
as II decided in department. The judg-
rnents of the commission shall be entered
ar the judgments of the court. The cem-
mission M shall SIT at such times and places as
NAV be designated by the court, but such
eommjssioners shall not exercise any
Iudiciai functions except when assem- |
bled as q commission, and then they |
hall only have power to hear and deter |
nine such causes as may have been assigned |
Section g. The Justices of the Supreme |
court shall be elected by the qualified |
electors of the State at large, at the general
,tst a olaotfoua and the times and plaCes at
vhich State officers are elected; and the /
arm ~ offina ahall ha fWalYa wears from